ASN Report 2017

113 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations 2007, the creation of a facility liable to discharge radioactive effluents into the environment can only be authorised after consulting the European Commission. Consultation of technical organisations The preliminary version of the safety analysis report appended to the creation authorisation application is transmitted to ASN, whichmay submit it to the Advisory Committees for examination, following a report from IRSN, as applicable. After examining and analysing the results of the consultations, ASN proposes to the Minister in charge of Nuclear Safety the terms of a draft decree authorising or refusing the creation of the installation. The creation of a Local Information Committee (CLI) The TSN Act of 13th June 2006, codified in Books I and V of the Environment Code, gave a legislative basis to the status of the BNI Local Information Committees (CLI). The CLIs are presented in chapter 6. The corresponding provisions can be found in sub-section 3 of section 2 of Chapter V of Title II of Book 1 of the Environment Code. The CLI can be created as soon as the BNI creation authorisation application is made. Whatever the case, it must be constituted once the authorisation decree has been issued. The modifications made to the CLI’s responsibilities by the TECV Act of 17th August 2015 are detailed in chapter 6. The specific nature of the CLIs of BNIs located close to a border is taken into account because the Act enables foreign nationals to sit on these CLIs (this in particular concerns Germany, Belgium, Luxembourg and Switzerland). Consultation of other European Union countries Pursuant to Article 37 of the Treaty instituting the European Atomic Energy Community and to the Decree of 2nd November CLI: Local Information Committee DAC: Creation Authorisation Decree GPE: Advisory Committee of Experts 1. Defined by Article R.122-6 of the Environment Code. 2. The ASN opinion is preceded by a hearing by the ASN Commission of the CLI and the licensee if they so wish (see ASN resolution 2010-DC-0179 of 13th April 2010). DIAGRAM 4: Creation authorisation procedure for a Basic Nuclear Installation (BNI) defined in Chapter III of Title IX of Book V of the Environment Code Environmental authority 1 LICENSEE applies for a Creation Authorisation The licensee sends ASN a copy of the authorisation application ASN examines the technical file ASN proposes a draft DAC IRSN issues an opinion GPE issues an opinion MINISTER responsible for Nuclear Safety MINISTER responsible for Nuclear Safety submits a draft DAC PREFECT organises the public inquiry Public inquiry Referral Referral Issues observations Hearings Referral Issues an opinion Issues an opinion Issues observations Licensee and CLI 2 Creation Authorisation Decree Licensee ASN requirements ASN 2